(a)

1. (1) State law provides for an information exchange with the Division of Workforce Services and the withholding of unemployment insurance benefits (UIB) to apply against a court-ordered child support obligation.
2. (2) Intercept of UIB is subject to income withholding for the amount of the obligation.
3. (3) The amount withheld cannot exceed Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq., limits.

(b) In order to be considered for withholding of UIB:

1. (1) There must be a valid court order for child support, and the court order must direct the division to withhold from UIB; or
2. (2) The noncustodial parent must agree that the division will withhold from UIB.

(c) Intercept agreement.

1. (1)

   1. (A) There should be a provision in a court order for income withholding that permits withholding from UIB.
   2. (B) If the income withholding provision is not in the order, a Notice Regarding Unemployment Compensation with the Agreement to Withhold from Unemployment Insurance Benefits will be sent to the noncustodial parent.
   3. (C)

(i) This signed form is sufficient to begin income withholding from UIB.

1. (ii) If the noncustodial parent fails to sign and return the agreement, court action will be necessary to change the order and permit withholding from UIB.

2. (2)

   1. (A) The amount to be deducted will be:

      1. (i) The amount stated in the order; or
      2. (ii) The current support amount plus an additional twenty percent (20%) for arrears or the amount ordered paid on arrears.
   2. (B) The amount to be paid on arrears must be either in the court order or in the agreement that the noncustodial parent signs.

   3. (C) The total amount to be withheld is subject to Consumer Credit Protection Act limits.

      1. (d) Requests for withholding to other states.
3. (1) A direct request to withhold from UIB will be sent to states that will accept them.
4. (2) If the noncustodial parent is receiving UIB benefits in a state that will not accept a direct withholding, an interstate referral to the noncustodial parent’s state of residence will be required.